PROCESSWORKS, INC. 1 - Laserfiche WebLink

Home Browse Search

'. 9.8 SECTION 9 - MISCELLANEOUS 9.1 Excused Performance - The parties shall not be liable for, and are excused from, any failure to deliver or perform, or for delay in delivery or performance due to a cause beyond their reasonable control, including but not limited to acts of nature, governmental actions, fire, labor difficulties, civil disturbances, transportation, power or communication interruptions, or natural disasters. 9.2 Waiver and Severability - The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any right hereunder, If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. 9.3 Entire Agreement - This Agreement and the attached Fee Schedule(s) constitute the entire agreement between the parties in cormection with the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties. 9.4 Amendments - This Agreement may not be amended except in writing signed by the parties. 9.5 Cornmencement of Service - The terms of this Agreement shall be valid only if it is executed and returned to PWI. Services contracted for in this Agreement will not commence until this Agreement is executed and received by PWI. 9.6 Indemnification - The Employer and PWI mutually agree to indemnify and hold harmless each other (including their directors, officers, agent and employees) from and against any claims. lawsuits, liabilities, damages and expenses, including reasonable attorneys' fees, to the extent that, but only to the extent that, such claims are proximately caused by the act or omission of the indemnifying party. The principles of comparative fault shall apply in interpreting the respective rights of the parties under this paragraph. The obligations of this paragraph shaIl survive the expiration or termination of this Agreement by any party for any reason. 9.7 Governing Law -. Governing Law and Choice of Venue. This Agreement shall be governed by and construed in accordance with the Laws of the state of Wisconsin to the extent not preempted by Privacy, Standards for Electronic Transactions. Security Rules, or other applicable federal law. Any action at law, suit in equity or other judicial or arbitral proceeding for the enforcement of breach of this Agreement or any provi~i()Bthereof shall be instituted and conducted in ~~~ V' ofiiln' liP 'lJrpt a s 1ll the Relationship in this Agree and the Empl The Employer WI